Page:United States Statutes at Large Volume 98 Part 1.djvu/393

 PUBLIC LAW 98-353—JULY 10, 1984

98 STAT. 345

whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary. (2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28, United States Code, to the first vacancy which arises after the date of the enact- Ante, p. 336. ment of this Act in the office of each bankruptcy judge, the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment. Ob) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act in the office of each bankruptcy judge, such potential nominees shall include the bankruptcy "^ '•'* judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment and the judicial council determines that such judge is qualified under subsection (c) of this section to continue to serve. Such • 4^ >'»^^v potential nominees shall receive consideration equal to that given all other potential nominees for such position. (c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill '^. any existing vacancy, the judicial council shall have determined

that—

(1) public notice of such vacancy has been given and an effort ^ *' has been made, in the case of each such vacancy, to identify '*''** qualified candidates, without regard to race, color, sex, religion, or national origin, (2) such persons are members in good standing of at least one State bar, or the District of Columbia bar, and members in good •"' ^*'' " m^ standing of every other bar of which they are members, (3) such persons possess, and have a reputation for, integrity and good character, (4) such persons are of sound physical and mental health, (5) such persons possess and have demonstrated commitment to equal justice under law, (6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and (7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge. SEC. 121. (a) Section 402 of the Act entitled "An Act to establish a n use note uniform Law on the Subject of Bankruptcies" (Public Law 95-598) is P^^ec lOi amended in subsections (b) and (e) by striking out "June 28, 1984" each place it appears and inserting in lieu thereof "the date of ,.>js enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984". (b) Section 404 of such Act is amended in subsections (a) and (b) by 28 USC note striking out "June 27, 1984" each place it appears and inserting in P^®'^- ^^^ lieu thereof "the day before the date of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984".

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